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Failure to Tax Vehicle - No SORN - DVLA Fine
Hi 
Not my area of expertise - however long and short of it; I sold a car in September 2014 and sent the relevant part of the V5 to DVLA - today I received a letter saying I have been fined for failing to notify them of tax / SORN. The fine is £40 if paid immediately or £80 if not. I did send it and Peck v DVLA covers my stance..... Why should I pay the fine?
Sod that. Not Niddy
I am going to write back and hit them with the old Peck v DVLA / DVLA v Collins which should cover me. Should is the key word - does anyone have any knowledge of more recent case-law problems that I may encounter if I try and use these arguments?
For clarity, In one case, the DVLA was seeking a judgement against James Collins on the grounds that he had failed to notify it when took his vehicle off the road (SORN). However, Mr Collins had indeed notified them and in fact, it was the DVLA who had dropped a bollock by losing his details. The judge agreed that it wasn’t Mr Collins’ fault and he shouldn’t have to stump up the cash to send correspondence by recorded delivery or any proof of posting for that matter.
If that was the case, and us plebs had to send everything by secure means, then the same would need to be required of any organisation we dealt with and, of course, they wouldn’t want that as their postage costs would go through the roof.
In another similar case, Duncan Peck had a row with the DVLA over lost paperwork. The DVLA tried it on and said that Mr Peck should’ve rung them if he didn’t receive any acknowledgement from them. Once again, the judge in question sided with the public saying that the DVLA have no statutory power requiring anyone to ring them.
see here --> http://www.bitterwallet.com/dvla-act...u-for-it/29151 & here --> http://www.pistonheads.com/gassing/t...hange+of+Owner
Thought guys?
Not my area of expertise - however long and short of it; I sold a car in September 2014 and sent the relevant part of the V5 to DVLA - today I received a letter saying I have been fined for failing to notify them of tax / SORN. The fine is £40 if paid immediately or £80 if not. I did send it and Peck v DVLA covers my stance..... Why should I pay the fine?
Sod that. Not Niddy
I am going to write back and hit them with the old Peck v DVLA / DVLA v Collins which should cover me. Should is the key word - does anyone have any knowledge of more recent case-law problems that I may encounter if I try and use these arguments?
For clarity, In one case, the DVLA was seeking a judgement against James Collins on the grounds that he had failed to notify it when took his vehicle off the road (SORN). However, Mr Collins had indeed notified them and in fact, it was the DVLA who had dropped a bollock by losing his details. The judge agreed that it wasn’t Mr Collins’ fault and he shouldn’t have to stump up the cash to send correspondence by recorded delivery or any proof of posting for that matter.
If that was the case, and us plebs had to send everything by secure means, then the same would need to be required of any organisation we dealt with and, of course, they wouldn’t want that as their postage costs would go through the roof.
In another similar case, Duncan Peck had a row with the DVLA over lost paperwork. The DVLA tried it on and said that Mr Peck should’ve rung them if he didn’t receive any acknowledgement from them. Once again, the judge in question sided with the public saying that the DVLA have no statutory power requiring anyone to ring them.
see here --> http://www.bitterwallet.com/dvla-act...u-for-it/29151 & here --> http://www.pistonheads.com/gassing/t...hange+of+Owner
Thought guys?
) It's 
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